Parental Leave and Employment Protection Act 1987

Protection of employment

54: Dismissal for cause not affected

You could also call this:

“Your boss can fire you for a good reason, but not because of pregnancy or childcare”

This law says that your employer can still dismiss you for a good reason. However, they cannot dismiss you just because:

You or your spouse or partner are pregnant.

You or your spouse or partner have become the main caregiver for a child.

You are using your rights under this law.

Your employer needs to have a big reason to dismiss you that is not related to any of these things.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121028.


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53: Redundancy payments not affected, or

“You can still get redundancy pay even if you take parental leave”


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55: Interim order, or

“Getting your job back temporarily if you're fired unfairly while expecting a baby”

Part 6 Protection of employment

54Dismissal for cause not affected

  1. Nothing in this Act shall affect any right of an employer to dismiss an employee for a substantial reason not related to—

  2. the pregnancy of the employee or the pregnancy of the employee's spouse or partner; or
    1. the employee or the employee’s spouse or partner becoming the primary carer in respect of a child; or
      1. the employee's rights under this Act.
        Compare
        • 1980 No 162 s 32
        Notes
        • Section 54(a): substituted, on , by section 4 of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).
        • Section 54(b): replaced, on , by section 43 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).